Council admits health and safety guilt in man's death

Editorial Department • Published 4 Mar 2010 14:35

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The overturned digger that Mr. Ronnie Marshall was driving at the time of the fatal accident.

Fermanagh District Council has admitted breaching Health and Safety regulations when a man died at its landfill and recycling site at Drumee on the outskirts of Enniskillen almost two years ago.

Ronnie Marshall was driving a digger when it toppled into pool of water. He was trapped unconsious in the cab and despite being rescued, died later in hospital.

Yesterday (Wednesday) at Omagh Crown Court, the Council admitted two charges of breaching Health and Safety regulations on the day of the fatal accident, April 8, 2008.

The Council's Chief Executive, Mr. Rodney Connor, stood beside the dock and in front of relatives of Mr. Marshall to formally enter the guilty pleas.

He admitted that the Council failed to provide and maintain plant and systems that were safe and without risks to health and also failed to operate the facility in such a way that people other than Council employees were not exposed to risk.

Mr. Marshall was an employee of Milligan Brothers and the firm was working on the Council's premises at the time of the fatal accident.

In response to each of the two charges Mr. Connor stated: "On behalf of Fermanagh District Council I plead guilty."

The prosecuting counsel, Mr. David McAughey, then asked for three similar charges against the Council to be left on the files, not to be proceeded with without leave of the Court or the Court of Appeal.

The Council's defence barrister, Mr. Frank O'Donohoe, QC, said he wished to submit a number of documents to the Court and asked for time to enable him to do so.

Judge Gemma Loughran said she was particularly keen to know what steps the Council has taken to ensure there would be no repeat of the tragedy.

She said she had read a "very moving letter" from Mr. Marshall's eldest son, Stephen.

Mr. O'Donohoe said he wished to convey the Council's sincere condolences to Mr. Marshall's family.

Sentencing was adjourned until March 19.

This article appeared in Impartial Reporter 04 Mar 10

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